October 10, 2019
Failure to Raise a Stern Objection Violates a Lawyer’s Standard of Care
The lawyer whose waiver led to Wellness International avoided malpractice by the skin of his teeth.
7th Circuit, Illinois, Illinois Northern DistrictOctober 02, 2019
Proceedings for Contempt Discharge Held Not Subject to Arbitration
Florida case raises the question of whether the Supreme Court will eventually give bankruptcy a general exemption from arbitration, or an exemption only for core proceedings.
11th Circuit, Florida, Florida Middle DistrictSeptember 26, 2019
Another Court Limits ‘Related To’ Jurisdiction Based on Indemnification Claims
W.R. Grace makes more law on channeling injunctions.
3rd Circuit, DelawareSeptember 24, 2019
Section 505(a) Doesn’t Confer Jurisdiction to Determine Amount of a Tax, Circuit Says
Seventh Circuit splits with other circuits on basis for jurisdiction to determine the amount of a tax.
7th CircuitSeptember 13, 2019
‘Close Nexus’ Test Doesn’t Apply to Liquidating Trusts After Confirmation
‘Conceivable effect’ test for ‘related to’ jurisdiction continues to apply to liquidating trusts after confirmation of a chapter 11 plan.
10th CircuitSeptember 10, 2019
Immediately Withdrawing the Reference Is ‘Absurd,’ District Judge Says
Defendants in lawsuits by Lehman Brothers are stuck in bankruptcy court until the cases are ready for a jury trial.
2nd Circuit, New York, New York Southern DistrictSeptember 09, 2019
Ninth Circuit Sides with the FDIC over Ownership of Tax Refunds
An appeal in the Ninth Circuit did not reach the issue to be decided by the Supreme Court in <em>Rodriguez</em>.
9th CircuitAugust 29, 2019
‘Related To’ Jurisdiction Is Measured When the Suit Is Filed, Not Later, Circuit Says
Even though subject matter jurisdiction persists when there is no longer an effect on the estate, the court may exercise discretion to dismiss, the Fifth Circuit says.
5th CircuitAugust 05, 2019
Shareholders Lack Standing to Appeal in Fifth Circuit, District Judge Holds
Reasonableness of breakup fee is measured by the total contract price, not the amount retained by the debtor.
July 25, 2019
Fifth Circuit Bars Creditors’ Own Claims Against Settling Defendants
Fifth Circuit permits bar orders in receiverships while blocking nonconsensual, third-party releases in chapter 11 plans.
5th Circuit